(A) Injunctive relief. When the Superintendent finds that a user has violated, or continues to violate, any provision of this subchapter, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other pretreatment standard or requirement, the Superintendent may petition the Circuit Court of LaSalle County, within the Thirteenth Judicial Circuit of the State of Illinois, through the City’s Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the individual wastewater discharge permit, the general permit order, or other requirement imposed by this subchapter on activities of the user. The Superintendent may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the user to conduct an environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against a user.
(B) Civil penalties.
(1) Any user who has violated, or continues to violate, any provision of this subchapter, an individual wastewater discharge permit, or a general permit or order hereunder, or any other pretreatment standard or requirement shall be liable to the city for a maximum civil penalty of not more than $ 1,000 per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.
(2) The Superintendent may recover reasonable attorney’s fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the city.
(3) In determining the amount of civil liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the user’s violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.
(4) Filing a suit for civil penalties shall not be a prerequisite for taking any other action against a user.
(C) Criminal prosecution.
(1) Any user that willfully or negligently violates any provisions of this subchapter, an individual wastewater discharge permit, or a general permit or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not more than $1,000 per violation per day or imprisonment for not more than 1 year or both.
(2) A user that willfully or negligently introduces any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to a penalty of at least $1,000 and/or be subject to imprisonment of 1 year. This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law.
(3) A user that knowingly makes any false statements, representations, or certifications in any application, record, report, plan or other documentation filed, or required to be maintained, pursuant to this subchapter, individual wastewater discharge permit or general permit or order issued hereunder, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this subchapter shall, upon conviction, be punished by a fine of not more than $1,000 per day or imprisonment for not more than 1 year, or both.
(D) Remedies nonexclusive. The remedies provided for in this subchapter are not exclusive. The Superintendent may take any, all, or any combination of these actions against a noncompliant user. Enforcement of pretreatment violations will generally be in accordance with the city’s enforcement response plan. However, the Superintendent may take other action against any user when the circumstances warrant. Further, the Superintendent is empowered to take more than 1 enforcement action against any noncompliant user. These actions may be taken concurrently.
(Ord. 1785, passed 12-9-2002; Am. Ord. 2158, passed 1-26-2009)